(The following is a summary of a joint study by Utrecht University and the China University of Political Science and Law. The project was coordinated by Cai Dingjian, who is head of the constitution law research center at the latter. Original article: Chinese)

Tearing Down Institutionalized Hiring Discrimination
From page 47, The Economic Observer issue no. 331, September 3, 2007

Employment discrimination in China is not limited to isolated cases, but rather, is institutionalizedby government organs through law. Eliminating this kind of legislative foundation is the first step in promoting fairer employment opportunities that are essential for a "harmonious society'.

In focusing our research on the legal foundation for discrimination in hiring practices, we found evidence in recruitment, public service, working environment, and access to public services. We use the term "discrimination" when one's birthplace, gender, age, height, and physical appearance become barriers to their employment. Based on the discoveries made in our research and our belief that such discrimination should be eliminated, we have submitted a proposal to the State Council regarding anti-employment discrimination.

General Practice in Recruitment Discrimination 

(1)Place of Origin

Some local governments set limitations for recruiting migrant workers based on academic, age and health requirement. Some even spell out jobs that cannot be held by migrant workers, such as a regulation dated Sept 3, 2000, issued by the Zhuhai Municipal Council and termed "Categorized Management of Migrant Workers for Zhuhai Municipal Recruitment". The third clause states that "Categorized Management" refers to dividing jobs available in the municipality into three categories. One of the categories refers to positions that cannot be filled by migrant workers.

Local governments have been known to impose fees on or require permits and documents from employers who recruit migrant workers. Some even clearly state policy to limit the recruitment of migrant workers. One such "hiring principle" reads like this: "Give priority to city and town residents over the rural workforce; to local residents over those from other municipalities; and to residents from the local province over those from other provinces".

That said, the government – both at the central and state level – has in recent years emphasized social equality and taken steps to eliminate discriminative regulations. For example, on March 27, 2006, the State Council published "Several Suggestions on Resolving Problems of Migrant Workers". And on March 25, 2005, the Beijing Municipal People's Congress Standing Committee agreed to abolish a rule termed as "Regulations on Management of Migrant Workers and Migrant Businessmen in Beijing Municipality".